IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7105 of 2006()
1. KRISHNAKUMAR, S/O.KRISHNANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/12/2006
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.7105 OF 2006
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DATED THIS THE 12TH DAY OF DECEMBER, 2006
O R D E R
Petitioner who is the 1st accused in Crime No.73/06 of Medical
College Police Station, Thiruvananthapuram for offences punishable
under sections 143, 147 and 148 read with section 3 and 5 of the
Explosive Substances Act and section 27 of the Arms Act,seeks his
enlargement on bail. Even though the petitioner was arrested in
connection with some other crimes, arrest in this case was recorded on
13.10.2006.
2. Learned Public Prosecutor admitted that no charge sheet
has been filed even after 60 days of judicial custody of the petitioner.
If so, by virtue of the proviso to section 167(1) Cr.P.C., the petitioner
is entitled to bail as of right. Accordingly, the petitioner is directed to
be released on bail on his executing a bond for Rs.15,000/- (Rupees
fifteen thousand only) with two solvent sureties each for the like
amount to the satisfaction of the Additional Chief Judicial Magistrate,
Thiruvananthapuram and subject to the following conditions:
1. The petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper with
the evidence for the prosecution.
BA.7105/06
Page numbers
3. The petitioner shall not commit any offence while on
bail.
If the petitioner commits breach of any of the above conditions, the
bail granted to him shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE.
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BA.7105/06
Page numbers
V.RAMKUMAR, J.
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B.A.Nos. 7105/06 and 7109/06
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DATED THIS THE 8TH DAY OF DECEMBER, 2006
I N T E R I M O R D E R
The common petitioner is the first accused in Crime No.73/06 of
Medical College Police Station, Thiruvananthapuram and 20/06 of of
Kazhakkuttam Police Station, for various offences. When these bail
applications came up for further hearing, counsel for the petitioner
submitted that since the petitioner is getting married on 15.12.2006
with his own uncle’s daughter and since the said marriage was fixed
months ago, the petitioner may be granted temporary permission to
attend the marriage and report back in the prison. I am inclined to
grant the said prayer.
2. Accordingly permission is granted to the petitioner to leave
the prison on 13.12.2006 for the purpose of attending the marriage
and to report back in the prison on 16.12.2006. The Jail
Superintendent shall provide adequate escort to the petitioner while
the petitioner is being taken out of the prison for the purpose of
marriage.
Post on 18.12.2006.
V.RAMKUMAR, JUDGE
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